If a party can demonstrate that they took all reasonable precautions and were not negligent in their activities, they cannot be convicted of a strict liability offence. True or False
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If a party can demonstrate that they took all reasonable precautions and were not negligent in their activities, they cannot be convicted of a strict liability offence.
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- Thelma purchased a used truck from Hall that had been manufactured by International Harvester. To work on the truck engine, Thelma had to have the cab of the truck raised. When it was so raised, the cab fell unexpectedly and fatally injured Thelma. Suit was brought for her wrongful death against Hall and International Harvester. The suit was based on theories of negligence, strict tort liability, and breach of warranty. The defense was raised that there was no liability because the sale to Thelma had been made “as is” and the truck was a used truck. Were these defenses valid?Brendan Bosse and Michael Griffin were part of a group of four teenagers eating a meal at a Chili’s restaurant in Dedham, Massachusetts. Chili’s is owned by Brinker Restaurant Corporation (collectively “Chili’s”). The cost of the meal was $56. The teenagers decided not to pay. They went out of the building, got in their car, and drove away, heading northward up Route 1. A patron of the restaurant saw the teenagers leave without payment. He followed them in his white sport-utility vehicle (SUV). The teenagers saw him following them. A high-speed chase ensued through Dedham side streets. The patron used his cell phone to call the Chili’s manager. The manager called 911 and reported the incident and the location of the car chase. The teenagers’ car collided with a cement wall, and Bosse and Griffin were seriously injured. The Chili’s patron drove past the crash scene and was never identified. Bosse and Griffin sued Chili’s for compensatory damages for their injuries. The plaintiffs argued…Brutus is prosecuted for having sexually assaulted a young girl of 12 years before theIntermediate Court. At the trial, the girl is 13 years old and she gives evidence without beingsworn. After two more witnesses have been heard the Magistrates realise that the young girlwas not sworn before giving evidence. The young girl is recalled and is sworn and she repeatsthe evidence she had given before and is cross examined by the defence.Brutus is convicted and sentenced to undergo five years imprisonment. He appeals against theconviction and on appeal it is submitted that Brutus did not get a fair trial because the evidenceof the girl which appears on the court record was not given on oath.The prosecution seeks your views on how to reply to the arguments of the defence.
- Agents and employees of Deco Arts Corporation and Echo Imitations Inc. are convicted of conspiring to violate a federal law that is punishable by a term of imprisonment and a fine. Can the corporations be held liable for these crimes? If so, how can they be punished?What legal duty, if any, does the physician owe the person? Please explain in detail. Assuming that the physician has a legal duty towards the person, did the physician breach that legal duty? Please explain in detail. Assume that the physician knew that they were infected with a communicable disease and purposefully performed the CPR, although others at the scene could have performed it; what intentional tort(s), if any, has the physician committed against the person? List the tort(s.) What possible defense(s) does the physician have against a tort action by the person.Pauline Brown was shot and seriously injured by an unknown assailant in the parking lot of National Supermarkets. Pauline and George Brown brought a negligence action against National, Sentry Security Agency, and T. G. Watkins, a security guard and Sentry employee. Sentry had a security contract with National. The Browns maintained that the defendants have a legal duty to protect National’s customers both in the store and in the parking lot, and that this duty was breached. The defendants denied this allegation. What will the Browns have to prove to prevail? Explain.
- Jack Tupp contracts to work for Iona Carr Autohaus during February for $1,800. On January 17, Iona Carr Autohaus wrongfully cancels the contract. Jack Tupp refuses to accept a similar job with another car dealership which would have paid him $1,650. If Jack Tupp sues Iona Carr Autohaus, how much in damages would he most likely recover?Explain the elements of the offence of murder. In what court would a murder trial be held, and explain the balance and burden of proof in such cases. In what circumstances can self-defence be relied on?In what has been subsequently known as the 'narrow rule', the House of Lords found that a duty of care exist even if the defendant was not present. Accordingly, manufacturers of goods must take reasonable steps to ensure that their products do not cause injury to those that subsequently come into contact with them. Lord Atkin went on to propose a general maxim of law known as the 'neighbour principle' which would apply generally and preclude the claimant needing to bring the facts of their case within those of a previous case. REQUIRED: Concisely sets out what the claimant has to prove in order to succeed in an action in Negligence. 2. Comment on the situation where the chain of event is broken by an intervening cause.
- under the NCC, what are the different acts or omissions of the obligor or debtor which will result in the breach of the obligation for which he can be held liable for damages?Ann took Bonnie’s watch before Bonnie was aware of the theft. Bonnie discovered her loss immediately and pursued Ann. Ann pointed a loaded pistol at Bonnie, who, in fear of being shot, allowed Ann to escape. Was Ann guilty of robbery? Of any other crime?Define Negligence.